Fail to go to work because of depression

[nube82]

Hello!
Which are my work/labour rights if I fail to go to work during a week because of depression??
Which evidences do I need to hand over to my employer?
Will I be paid my normal salary?
I do not work by hours, I work by a fixed monthly salary.
Been working for this employer 2 months so far.

It would be classed as sick leave so completely depends on your contract in terms of pay etc

You can self-certify for 5 days so don't need to provide any evidence, but I would definitely see your doctor ASAP

Can self-certify sickness up to 7 days.

Pay would depend on what your contract says, employers do not have to pay anything other than statutory sick pay (if you qualify for it) which does not kick in until day 4.

Assuming you are in the UK, you can self certify for one working week. Then you will need a fit note from your GP if you are off for longer. As for being paid - check your contract of employment as to your entitlement. Some employers will only pay SSP, others are more generous. Are you still in your probationary period?

You should get signed off by a GP for depression as self-certifying MH absences can often result in problems with HR. Talk to your GP, talk it through, get a month or two off if you can and then give your manager the sick note.

Are you not on probation.? Check your contract they will probably get rid if you are 2 months into the job.
Not meant harshly but be careful or prepared with what they can and may come back with.

Did you ring in sick or just fail attend.

It would be the same as not going in for a week due to a D&V bug. You just call in every morning (following whatever policy your workplace have like, must phone 1 hour before start time or whatever). One week doesn't require a note from a GP.
But with depression being an ongoing illness, you really should get some evidence and discuss with your employer. Just be wary that they may let you go, you've been there less than 2 years so they can let you go for any reason really.

“Fail to go to work” is an odd phrasing and suggests that you’ve not actually phoned in sick? If you’ve phoned in sick then your employers usual sickness policy will apply and you’ll be paid or not depending on your contract. Many employers will flag up mental health (also thinks like back problems) as needing intervention as they can be affected by work, whereas things like a stomach bug or broken arm aren’t. You can self certify for a week but any longer and you’ll need to be signed off by a doctor.

If you’ve not called in sick (or whatever your employers absence reporting process is) and have just gone awol then I would expect disciplinary action to be honest.

You'd need to use the agreed procedures for reporting sickness, eg ringing in before a particular time. What have you done about it so far, OP?

What does your contact say about SSP, they may pay more but might not. After only 2 months they might get rid of you.

Did you disclose it at the recruitment stage?

You don't need to disclose it during recruitment stage at all. Im not sure if depression is even a disability so you wouldn't even need to disclose it after getting the job, because you wouldn't qualify for "reasonable adjustments" to be made. You don't need to tell them anything about it unless you want to or until it starts affecting your work. Now that it is affecting your work, you should probably have a chat with them.

I work for a corporate company, well known and I don’t think you get paid until you’ve been there 6 months, I doubt you will be paid and you can’t not just turn up

Im not sure if depression is even a disability

Mental Health conditions can certainly be classed as a disability. The Equality Act treats any condition that is long-term/permanent, diagnosed medically (invariably by the person's GP or HCP) as a disability.

Disability has an important distinction from an ailment that will, given time, be cured or naturally go away of its own accord, because something that adversely affects a person in their daily life ongoing, means that in an employment situation, they not only have to cope with the debilitating effects of their condition, but also are up against people in good health and this puts them at a distinct disadvantage.

So having a diagnosed long term MH problem, needs to be handled and supported in the workplace commensurate to someone who is partially sighted, or in a wheelchair (but obviously RAs are unique to the condition.)

But with depression being an ongoing illness, you really should get some evidence and discuss with your employer. Just be wary that they may let you go, you've been there less than 2 years so they can let you go for any reason really

This is not correct and the employer would be ill-advised to "let you go" without seeking to understand if the cause of absence is due to Disability. The OP does need to abide by their sickness policy, and complete any paperwork or online Self Certification.

OP you need to get the information from your employer, we don't know what the company policy is.

Disability does not need a qualifying period of two years, employees are protected from the first day they start working for their employer.

@TheInvestigator true, unless it’s going to affect them doing their job. Which it clearly is. If it’s not disclosed then they don’t need to make reasonable adjustments which might include a more flexibility for sick leave.